Summary
holding it was an abuse of discretion to separate trials where issues were "entwined and intermingled"
Summary of this case from Valliappan v. CruzOpinion
No. 75-100.
May 16, 1975. Rehearing Denied June 26, 1975.
Appeal from the Circuit Court, Broward County, Arthur J. Franza, J.
Hugo L. Black, Jr. of Kelly, Black, Black Kenny, Miami, P.A., and Michael Nachwalter, Miami, of counsel, for appellants.
Joe Easthope of Ferrero, Middlebrooks Houston, Ft. Lauderdale, and Kates, Ress, Gomez Rosenberg, P.A., N. Miami, for appellees.
Upon due consideration of the briefs and oral argument and after examination of the record on appeal we are of the opinion that no reversible error has been demonstrated. The granting of separate trials is discretionary and, in particular, in the instant case where the issues of tender, consideration, fraud and misrepresentation are so intermingled and entwined it cannot be said that the trial court abused its discretion in denying separate trials on the issues raised by the pleadings. Accordingly, the judgment below is affirmed.
OWEN, C.J., and MAGER and DOWNEY, JJ., concur.